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Friday, March 30, 2007

Malaysia is NOT an Islamic State! Face the facts!

Here is the wheelchair bound 'Lion of the Malaysian Courts' , Advocate and Solicitor Karpal Singh posing with his pet bulldog.

He is as dogged today as he has always been, with his 'continuing struggle' to deny the claim by our hapless ruling government, past and present, rhetoric spewing Prime Ministers that the Kingdom of Malaysia is an Islamic State!

You have got to hand it to him to have stayed his course and can expect him to be so till comes the day he kicks the bucket and returns to the Judgment of the Almighty!

He apologized for his statement about challenging anyone to cross his dead body before getting to set up an 'Islamic State' true to the letter , here in the Kingdom of Malaysia but has remained committed to his cause till this very second. You have to admire the man for that. No doubting him.

I concur with YB Karpal Singh that this nation is NOT an Islamic State in the truest sense.

The country is ruled by the remnants of the British civil Laws and according to the Constitution of the Kingdom of Malaysia.

Face the facts. The Civil Laws are the ones prevailing over this nation and the Syariah Court only applies to matters concerning the Muslims of this land, not over the total population.

Even the laws of the Syariah Court do not judge the Malaysian Muslims to the exact letters of the Rules and Laws of Allah , God Almighty as prescribed in the Holy Al-Qur'an Al Kareem and as per the authentic Hadiths of Rasulullah Sallalahu Alaihi Wassallam.

We do not impose the Hudud Laws even unto the declared and attested to be Muslims of this land when they commit crimes punishable in Islam.

The examples of the laws being administered here in Malaysia do not come close to the Hudud laws of Allah Subhanahu Wa Ta'ala.

We all know that and we have to concur with Karpal Singh that this land is not under Islamic Law as proclaimed by the former Prime Minister of Malaysia, Tun Dr.Mahathir Mohamad.

Neither are the 'Islam Hadhari' concept brought about by his successor, the present Malaysian Prime Minister, Dato Seri Abdullah Hj Ahmad Badawi superseding the civil laws of this nation.

We have two legal systems operating between a very faint line of authority over each other and we all know that the justice system here is always treading very carefully as it judges cases which at times crosses over and overlaps the matters of jurisdiction affecting the judgments concerning the rule of civil law or of the 'syariah courts'.

As long as this nation is not being ruled according to the exact laws laid down by Almighty Allah Subhanahu Wa Ta'ala in the Holy Al Qur'an Al Kareem to the letter, Karpal Singh is right about his 'stand' that the Kingdom of Malaysia is not an 'Islamic State'.

Here is the latest from The Sun Online about Karpal's victory over the acceptance by the Home Minister Datuk Seri Radzi Sheikh Ahmad that Malaysia is NOT an Islamic State in Parliament yesterday.

It was vintage lawyer Karpal Singh who, employing his courtroom skills, cornered Home Minister Datuk Seri Radzi Sheikh Ahmad into agreeing that Malaysia is not an Islamic state.

The MP for Bukit Gelugor on Tuesday dodged and skirted all manner of obstacles placed in his way by BN backbenchers in order to pursue Radzi for his stand on Malaysia's status.

The wheelchair-bound DAP chairman was harangued and shouted at for delaying the passage of the Penal Code (Amendment) Bill 2006 and the Criminal Procedure Code (Amendment) Bill 2006.

"This Member for Bukit Gelugor persists in questioning Malaysia's status as an Islamic state. What else is there to question when Malaysia is already an established Islamic state?" said Datuk Badruddin Amiruldin (BN-Jerai).

The Malay BN backbenchers almost brought the House down when they loudly voiced support for Badruddin. Heard above the tumult was Datuk Bung Mokhtar Radin (BN-Kinabatangan) whose voice needed no microphone.

When the others stopped, Bung Mokhtar continued to harangue Karpal. The veteran oppositionist shouted back. And soon they were exchanging unparliamentary words.

Speaker Tan Sri Ramli Ngah Talib called for order and asked Karpal and Bung Mokhtar to withdraw the words. "I will do that only after the Member from Bukit Gelugor has withdrawn his," said the man with the booming voice. Karpal did not reply.

Radzi, a lawyer and a former de facto law minister, continued to round up the debate on the bills. Hardly had he spoken for five minutes when Karpal asked for clarification but Radzi refused to yield the floor, saying he had a long way to go and very little time.

He continued his round-up but shortly after, when giving the floor, first, to Chong Eng (DAP-Bukit Mertajam) and then to Dr Rozaidah Talib (BN-Ampang), Karpal remarked "bagi perempuan saja (give way to women only)". He also said Radzi tak berani (scared) to allow him to speak.

"If you are brave, allow me to speak," he challenged. But Radzi refused to take the bait.

Unwilling to be ignored, Karpal shouted "point of order". At which point Radzi had to stop. When the Speaker asked Karpal for the specific section of the Order Book, he mentioned Standing Order 36 that "the minister was misleading the House".

Karpal said the minister should first lay down the basis for the amendment by saying that the proposed law is civil law. He said it must be made clear that civil laws prevail in Malaysia, unlike in Saudi Arabia and Iran whose laws are Islamic.

He said former prime minister Tun Dr Mahathir Mohamad may have declared Malaysia an Islamic state but it cannot be so because the laws of the land are civil laws. He said therefore, Islam, as stated in the Constitution, is only the religion of the federation - the official religion of the country.

Radzi stood up to continue with his rounding up, saying that discussion on the subject would require a lot of time and suggested that a special forum be organised for it instead. He then continued with his speech.

Karpal protested, saying the minister had not answered his question to which Radzi responded he already had.

"Jawab tak tepat - lari sana, lari sini," said Karpal who complained that the answers were inaccurate and that Radzi was dodging the issue.

To the restless backbenchers who complained that a lot of time was being wasted, Karpal insisted it was important to straighten out the matter.

Karpal: In the Constitution, Islam is the official religion and nowhere is it stated that Malaysia is an Islamic state. Right?

Radzi: Yes, the Constitution says that Islam is the religion of the federation.

Karpal: That's all that it is. It is the main religion and nowhere is it stated that Malaysia is an Islamic state. Right?

Radzi: I agree with you.

Karpal: Nowhere in the Constitution is it stated that Malaysia is an Islamic state. Do you agree?

Radzi: Yes, I agree.

Karpal: Cukup!

There was no mistaking the jubilance as he said cukup (that's all) as if saying "I rest my case".

Karpal had argued with Minister in the Prime Minister's Department Datuk Dr Abdullah Md Zin in the Dewan last year and the department's parliamentary secretary Datuk Dr Mashitah Ibrahim last week on the same subject.

He told Abdullah that in the Che Omar Che Soh case (1988), the supreme court had said that Islam is the religion of the federation and not the basic law of the country.

To Mashitah, he pointed out that the first three prime ministers had said that Malaysia is not an Islamic state.

Both had been unmoved in their belief that Malaysia is an Islamic state. Abdullah said it was the court's opinion and Mashitah said it was the three prime ministers' personal opinion.

The Dewan Rakyat adjourned sine die around 8pm on Tuesday after meeting for 14 days during which 12 bills, including three major ones - the Legal Profession (Amendment) Bill 2006, Penal Code (Amendment) Bill 2006 and Criminal Procedure Code (Amendment) Bill 2006 - were passed.

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